How does the USPTO handle prior art submissions in languages other than English for reexamination?

When submitting prior art in languages other than English for reexamination, the USPTO has specific requirements. According to MPEP 2244: “If the prior art patents and printed publications are in a language other than English, any necessary translation should be included.“ This means that: Translations must be provided for non-English prior art The translation should…

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How should patent applicants handle foreign language documents?

How should patent applicants handle foreign language documents? When dealing with foreign language documents during patent prosecution, applicants should follow these guidelines: Obtain translations: Secure at least machine translations for foreign language documents. Review translations: Have someone review the machine translations for accuracy. Consider relevance: Determine if the foreign language document is material to patentability.…

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Are English translations required for non-English prior art in reexamination requests?

Yes, English translations are required for non-English prior art submitted with reexamination requests. According to MPEP 2218: “If any of the documents are not in the English language, an English language translation of all necessary and pertinent parts is also required. See MPEP § 609.04(a), subsection III. An English language summary or abstract of a…

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What should be considered when dealing with foreign applicants or applications?

When dealing with foreign applicants or applications: Ensure foreign clients understand the requirements of the duty of disclosure Review information disclosure statements from foreign applicants carefully Be cautious with translations and partial disclosures of foreign references Consider prior art cited in corresponding foreign applications MPEP 2004 states: “It is also important that an attorney or…

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How do USPTO examiners handle non-English foreign patent documents?

USPTO examiners follow specific procedures when dealing with non-English foreign patent documents: They may rely on abstracts or machine translations for initial screening If a document appears relevant, they can request a human translation English language abstracts or translations are considered along with the original document The MPEP states: “The examiner should cite the translation…

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What are the U.S. reservations and incompatibilities regarding PCT Rules 49.5(c-bis) and 49.5(k)?

The United States has declared that PCT Rules 49.5(c-bis) and 49.5(k) are incompatible with U.S. national law. According to MPEP 1803: “PCT Rules 49.5(c-bis) and 49.5(k) continue not to be compatible with the national law applied by the USPTO as a designated Office. See 35 U.S.C. 371(c)(2). As a result, PCT Rules 49.5(c-bis) and 49.5(k)…

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